The inaugural issue of The Cambodia Law and Policy Journal, Issue 01, January 2014, p. 29, has published an article by Michael G. Karnavas: Bringing Domestic Cambodian Cases into Compliance with International Standards – Applicability of ECCC Jurisprudence and Procedural Mechanisms at the Domestic Level.
Although the Extraordinary Chambers in the Courts of Cambodia (“ECCC”) deviates from national practice in terms of its adopted procedures and its jurisdiction to prosecute international crimes occurring between 1975 and 1979, it is nevertheless a domestic court grounded in the Cambodian Constitution (“Constitution”) and judicial structure. As such, the jurisprudence and procedural mechanisms emerging from the ECCC lend themselves to application by domestic courts. Cambodia has ratified a number of the major international human rights conventions pertaining to fair trial rights, expressly incorporating them into its domestic system through the Constitution. With the ECCC being uniquely woven into the fabric of the Cambodian court structure, it can assist the judiciary to realize those obligations by setting an example as to how domestic courts should be applying international principles in their day-to-day consideration of domestic law. Bringing domestic cases into compliance with international standards by applying ECCC jurisprudence, in conjunction with additional measures, can enhance Cambodia’s judicial system and promote respect for the rule of law.